WILL THE MUMBAI POLICE HAVE TO DROP THEIR INVESTIGATION NOW?
At this level, there is no such thing as a want for the Mumbai Police to shut their investigation. Simply because the CBI has begun its personal probe doesn’t imply {that a} state police pressure has to desert their very own.
The CBI doesn’t have the facility to unilaterally take away a case from a state police pressure – that’s the truth is why the UP authorities needed to make a reference to switch the Lucknow case to them. Below the provisions of the Delhi Particular Police Institution Act, which governs how the CBI operates, the CBI can the truth is solely conduct an investigation in one other state with that state’s permission.
Nevertheless, what may throw a spanner within the works is an order of the Bombay Excessive Court docket or the Supreme Court docket of India. The excessive courts and the apex court docket have the facility to order a CBI investigation right into a matter no matter state authorities consent, and also can direct the closure of the investigation by the state police pressure.
With regard to this entire TRP controversy, Republic has already made a plea for the investigation to be transferred to the CBI – first within the Supreme Court docket, after which within the Bombay Excessive Court docket after the SC instructed him to first go there. That the CBI has begun its probe so quickly after Republic made this request is likely one of the causes its transfer has been seen with suspicion.
Throughout a listening to within the matter on Monday, 19 October, the problem of transferring the case to the CBI was not taken up by the court docket, which was as an alternative wanting on the subject of summons being issued to Republic workers. Nevertheless, now that the CBI has begun its personal probe, it’s doubtless that this can be made a difficulty on the subsequent listening to on 5 November – previous to which the Mumbai Police must submit some particulars of their investigation to the court docket in a sealed cowl.
